Desktop Computer Packages

Can a private party computer sale be returned?

Thanksgiving 2007, I sold a dell desktop pc to my friend with all software installed (microsoft office 2007 and xtra) along w/monitors and some upgrade hardware inside. 3 months later video card malfunctioned and dell rep adv her to wipe out hard drive, thus loosing all programs. at time of sale , i gave her factory back up disc and all programs loaded for her to use, minus the microsoft office disc, cause my friend got a copy (not legit) and install on my computer for me to use. Due to the problem she been having with the video card and after loosing all program and not having a MS office 2007 disc (again, no written or verbal promise of it, but the copy installed was not legit). She now request money back and adv her family attorney say she has 2 years to claim refund at small claims court. Question is, can she do that at a private party sale and there were not written nor verbal agreement? By the way, I am located in Los Angeles, California. additional, she knew computer was used, it came with 8 months full dell warranty and video card had life time warranty. MS office 2007 was installed, but I did not tell her it was legit or not legit, it was just on the computer, nobody ever ask these question, so I did not tell her, (was not even on my mind) PS: if she choose to go to small claims court, and for whatever reason, judge rules in her favor, besides the computer cost, would I be liable for any of the court or attorney fee?

Public Comments

1. She bought it knowing it was second hand .... if you told her it was illeagal Office 2007 she has NO claim ... and if it was a faulty graphics card why not just replace the card and install the drivers for the new one ... why on earth did it require a re-format???
2. You didn't have a return policy, I'm assuming, so they cannot return it unless you agree. It is not your fault that the video card malfunctioned, unless you misled her of the quality of the computer. Good luck.